IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
September 10, 2009
RALPH WILLIAM CAMPOS, PETITIONER,
JAMES A. YATES, RESPONDENT.
The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge
ORDER DENYING AS MOOT PETITIONER' S MOTION FOR EXTENSION OF TIME FOR REQUESTING ISSUANCE OF A CERTIFICATE OF APPEALABILITY
Petitioner is a state prisoner proceeding pro se in an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254.
On May 21, 2008, the Magistrate Judge filed a Findings and Recommendations to dismiss the petition. (Doc. 15). On July 8, 2008, the Court entered an order adopting the Magistrate Judge's Findings and Recommendations and dismissing Petitioner's application for a writ of habeas corpus. (Doc. 17). Judgment was entered on July 8, 2008. (Doc. 18).
On August 14, Petitioner filed a notice of appeal (Doc. 22), and, at the same time, also filed the instant motion for extension of time to file his request for issuance of a certificate of appealability. (Doc. 21). On August 20, 2008, the Court declined to issue a certificate of appealability, thus making moot Petitioner's request for an extension of time to request issuance of a certificate of appealability. (Doc. 24).
For the foregoing reasons, the Court HEREBY ORDERS that Petitioner's motion for an extension of time to request issuance of a certificate of appealability (Doc. 21), is DENIED as MOOT.
IT IS SO ORDERED.
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